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<br />• <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF TELLURIDE GRAVEL, INC., THE ALEXANDER PIT SITE, FILE <br />NO. M-1976-032, NOTICE OF VIOLATION NO. MV-1993-017, CONSIDERATION OF <br />CORRECTIVE ACTIONS AND ASSESSMENT OF CIVIL PENALTIES <br />THIS MATTER came before the Mined Land Reclamation Board ("the Boazd") on March 21, 2001, <br />for a hearing to consider the issuance of corrective actions and civil penalties in conjunction with <br />NOV No. MV-1993-017. Mr. David Ballode represented Telluride Gravel, Inc. ("Telluride Gravel"), <br />at the heazing. The Boazd, having considered the record and the testimony and exhibits of the parties, <br />and having been otherwise fully informed in the premises, hereby makes the following Findings of Fact <br />and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />Telluride Gravel is permitted to operate a 112c instream gravel mining operation, the <br />Alexander Pit Site, in San Miguel County, Colorado, Sections 31 and 32, T43N, R9W, <br />N.M.P.M., pursuant to Permit No. M-1976-032. <br />2. In 1993, the Boazd issued Notice of Violation No. MV-1993-017 ("NOV") to Telluride <br />Gravel for failure to state all owners of the affected land, all owners of the substance to <br />be mined, and the sources of the operator's legal right to enter and initiate a mining <br />operation on all affected land in the approved azea in violation of <br />§§ 34-32.5-112(1)(c)(II), (IIn and (N). The NOV contained a Cease and Desist Order <br />and Corrective Actions. In issuing the NOV, the Boazd deferred decision on some <br />corrective actions and on a civil penalty until Telluride Gravel provided proof that <br />access to the land in question had been granted. The NOV is incorporated by reference <br />herein. <br />3. Subsequent to the issuance of the NOV, the Boazd twice amended the Cease and Desist <br />Order contained in the NOV. The second amendment is dated October 26, 1993, and it <br />requires that Telluride Gravel cease and desist from conducting mining or related <br />operations on U.S. Forest Service land within the permit azea of Permit No. M-1976- <br />032 until right of entry to those lands is secured. The Orders amending the Cease and <br />Desist Order contained in the NOV aze incorporated by reference herein. <br />4. On May 18, 1998, Telluride Gravel and the U.S. Forest Service entered into a <br />Memorandum of Understanding ("MOU") under which the Forest Service granted <br />permission to Telluride Gravel to enter the portion of the land subject to Permit No. M- <br />1976-032 owned by the Forest Service for the purpose of reclaiming the site. <br />5. On March 20, 2001, the Forest Service submitted a letter to the Division on behalf of <br />Telluride Gravel asserting that Telluride Gravel is reclaiming the Forest Service lands it <br /> <br />